Marijuana defendant released after plea agreement reached

Pago Pago, AMERICAN SAMOA — A man convicted of unlawful possession of marijuana asked the court for a second chance to return home to care for his sick daughter and grandmother. However, the court advised him during his sentencing not to hide behind his family members.

He was told if he wants a second chance he must persuade the court he deserves it. Furthermore, the court advised him that if he doesn’t change his ways, he would be back in court soon for the same offense.

This was the message from the court during the sentencing of a man convicted of unlawful possession of a controlled substance, to wit; marijuana.

In a plea agreement, 46-year-old Gasolo Fiatupu, who has been in custody since his arrest on July 10, 2021, unable to post a $10,000 surety bond, pled guilty to the a reduced marijuana charge and the meth charge was dismissed.

During sentencing, Fiatupu apologized to the court and begged for another chance to return home to care for sick family members. The defendant told the court that prior to his arrest, he was the one who took care of his sick daughter and grandmother, the latter is a stroke victim.

He told a long story to the court about his service to his family and how he ended up doing drugs on the road.

Fiatupu apologized to his family especially his daughter and grandmother and promised them that once he is released from prison, he will continue to care for them and everyone in the family. He also promised that he would work hard as he did before to provide for everyone in the family.

Before the court heard final submissions from attorneys on both sides, the court spoke directly to the defendant.

The court noted that the defendant asked for a chance to go back home to care for his sick daughter and his grandmother, however, the reason why he was in court was because police found him drinking and making noise at a bus stop with some marijuana and a little ‘ice’ (amphetamine) on him.

The court wanted to know how the defendant can make sure the court is not going to see him again in another 10 years. The defendant did not respond and just sat beside his attorney with his head bowed.

The court told him the bottom line is, he shouldn’t hide behind his sick daughter and grandmother. If he wants a second chance — persuade the court he is ready for change.

Fiatupu replied, “This will not happen again," and he promised never to commit any more crimes in his life.

The defense attorney said his client had been convicted for a PPD — a misdemeanor — over ten years ago and since then, he had been a productive member of society, truly remorseful for what he did.

The government’s attorney agreed that Fiatupu is a suitable candidate for a probated sentence, but he also asked for a period of detention.

When the court asked the prosecutor to define what he meant by a period of detention, given the fact that the defendant has already served 14 months in prison, the government attorney said the government is asking for a period of detention of 20 months.

Imposition of the sentence was suspended and the defendant was placed on probation for five years under certain conditions.

Fiatupu was ordered to serve a 20-month detention period in jail (TCF) without release, and throughout the period of probation, he has to remain clean, meaning, no alcohol or drugs in his possession or inside his system. And he would be subject to random testing to ensure he’s in compliance.

However, execution of the detention period was stayed until further order of the court, and the defendant was ordered to be released forthwith.

The court ordered the Probation Office to conduct a drug test on the defendant immediately after the court rendered sentencing, and the defendant was to be tested every week for the next 60-days.

The charges against the defendant stem from an incident that occurred on July 10, 2021 when two police officers responded to a PPD incident where three males were fighting outside of a restaurant in the Tafuna area.

Officers arrived and found Fiatupu standing outside, yelling profanities at people passing by. The other two male individuals had fled the scene before police arrived.

During a body search, per arrest protocol, officers found clear plastic baggies containing meth and another small plastic baggie containing marijuana inside Fiatupu’s wallet.